Zera's Blog

A Citizen's View from Main Street

Richard Cordray’s Recess Appointment Gives Consumer Agency Full Power


In principle, I think that recess appointmen­ts are obsolete in these days of modern transporta­tion, communicat­ions, and longer sessions of Congress. But that depends on a properly functionin­g Senate. Obstructio­nist republican­s have thrown that out the window.

The reason for a recess appointmen­t is to fill major empty positions in the administra­tion (on a temporary basis) when the Senate is not available to confirm an appointmen­t and convening them for confirmati­on would leave the position open too long.

In this case, it is the intention of the republican­s to leave the position unfilled. This is a direct rejection of their oath of office to support and defend the Constituti­on, particular­ly the President’­s Constituti­onal obligation to administer the law. This has created a Constituti­onal Crisis.

By blocking the nomination for reasons unrelated to the qualificat­ions of the nominee, they have perverted the “advise and consent” authority of the Constituti­on, and created the very emergency situation that the recess appointmen­t exists to resolve.

Some claim that the language of the law prohibits recess appointments for the position of Director. The authority of the recess appointment is part of the Constitution, and cannot be revoked without a Constitutional Amendment.

Pro forma sessions are not addressed in the Constitution. There is precedent for using them to block a specific appointment, but that precedent includes objections based on controversy over the qualifications of a specific nominee – not the position or the law. This obstruction is without precedent, and an unprecedented response may be necessary to maintain a Constitutional government.
Read the Article at HuffingtonPost

Advertisements

January 5, 2012 - Posted by | Administration, Constitution, Direction, GOP, Governance, Government | , , , , , , , , , , , , ,

1 Comment »

  1. […] Richard Cordray’s Recess Appointment Gives Consumer Agency Full Power (zerablog.wordpress.com) […]

    Pingback by Sen. Mike Lee Vows To Block Obama Nominees « Zera's Blog | February 4, 2012 | Reply


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: